Topic
Statutory Interpretation
511 published works
Securities Law Prof Blog
Shaw on Whistleblowing
Todd W. Shaw has posted When Text and Policy Conflict: Internal Whistleblowing Under the Shadow of Dodd-Frank on SSRN with the following abstract:This Article considers whether the text of the Dodd-Frank…
Labor Law Prof Blog
How Does the NLRB Read Its Statute?
How does the NLRB typically do statutory interpretation? For her paper An Empirical Examination of Statutory Interpretation,forthcoming in the Minnesota Law Review, Amy Semetlooked closely at the less than 2…
PrawfsBlawg
Bump Stocks and Machine Guns as Case Study in Textualism, Chevron, and the Ambiguity of “Ambiguity”
Main Wednesday, February 28, 2018Bump Stocks and Machine Guns as Case Study in Textualism, Chevron, and the Ambiguity of “Ambiguity”Textualism in statutory interpretation is, on one view (which happens to…
Tax Controversy 360
How Do You Interpret Terms Used in Statutes?
Statutes in the Internal Revenue Code (Code), like statutes in other areas of the law, are filled with terms that invite differing interpretations. As a general rule, a statutory term…
Race and the Law Prof Blog
The Disparate Impact Canon – New Article by Professor Michael Morley
Professor Michael Morley of Barry University Dwayne O. Andreas School of Law recently posted an interesting essay on SSRN, entitled "The Disparate Impact Canon" (University of Pennsylvania Law Review Online, Forthcoming). …
Consumer Financial Services Review
The Wait Is Over: D.C. Circuit Holds That While the CFPB’s Structure May Be Lawful, Its RESPA Interpretation Is Not
By Phillip L. Schulman, Holly Spencer Bunting, Ori Lev
The U.S. Court of Appeals for the D.C. Circuit (the “court”) has issued its long-awaited en banc decision in PHH v. CFPB. In a January 31, 2018 opinion, the court…
North Carolina Appellate Practice Blog
Disagreement in the Supreme Court of North Carolina: How to Interpret a Statute
Our State Supreme Court issues a lot of unanimous opinions. But this month's batch of opinions contained two interesting examples of an area in which the justices may disagree: statutory…
Plane-ly Spoken
DC Circuit Overturns Model Aircraft Registration, Tells FAA “Statutory Interpretation Does not get Much Simpler”
Originally posted May 19, 2017 Those of you who are regular readers of this blog are aware that there has been a federal lawsuit pending before the DC Circuit challenging…
PrawfsBlawg
Sponsored Post: Practicing Environmental Law
Main Tuesday, October 31, 2017Sponsored Post: Practicing Environmental Law The following post is by Todd Aagaard, Vice Dean & Professor of Law at Villanova; David Owen, Professor of Law at…
Appellate Advocacy Blog
The Perils of Statutory Interpretation
As someone who has taught legislation and appellate advocacy and worked for both a state legislature and the U.S. Senate, I love a good statutory interpretation case. Seeing how the…